Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 01483-01
Original file (01483-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No: 1483-01
5 December 2001

Dear

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the United
States Code, section 1552.

considered your application on

Your allegations of error and injustice were

A three-member panel of the Board for Correction of Naval Records,
sitting in executive session,
27 November 2001.
reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of this Board.
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your naval
record and applicable statutes,
addition, the Board considered the advisory opinion furnished by
Headquarters Marine Corps,

Documentary

regulations and policies. In

a copy of which is enclosed.

After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.

The record shows that during the 20 year period from 17 July 1952
until your honorable discharge, on 27 July 1973 you served on active
duty for about 14 years and 6 months.
period from 20 December 1958 to 28 January 1965 you were a member of
the Marine Corps Reserve and earned about four years and six months
of qualifying service for reserve retirement.

In addition, during the

In your application, you are requesting that the record be corrected
to show that you transferred to the Fleet Marine Corps Reserve.
However, you are not eligible for such transfer because you did not
complete 20 years of active service.
Actually, you have less than
15 years of active service.
concurred with the comments contained in the advisory opinion.

Therefore, the Board substantially

T.he Board also considered whether your record could or should be
corrected to show that you are eligible for reserve retirement and
retired pay at age 60.
retirement, an individual must have 20 years of qualifying service
and the last eight years must be in the reserve component. A
qualifying year is one in which an individual earns at least 50
retirement points.

In order to be eligible for reserve

Therefore, you are not eligible for reserve retirement

As indicated in the enclosed Reserve Retirement Master Control Card
(RRMCC), you have been credited with only 19 years and 13 days of
qualifying service.
In addition, the last eight years of service
are in the Regular Marine Corps and not the Marine Corps Reserve as
required.
because you do not have 20 qualifying years with the last eight
years in the reserve component.
are not eligible, the Board declined to make corrections to your
record to make you eligible for reserve retirement.
evidence showing that the RRMCC is in error and you actually have 20
qualifying years, you should send that evidence to the Board for
evaluation and possible reconsideration  

qf your case.

Since there are two reasons why you

If you have

Accordingly, your application has been denied.
of the members of the panel will be furnished upon request.

The names and votes

It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board. In
this regard, it is important to keep in mind that a presumption of
regularity attaches to all official records.
Consequently, when
applying for a correction of an official naval record, the burden is
on the applicant to demonstrate the existence of probable material
error or injustice.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosures

2

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROAD

QUANTICO,  VIRGINIA  

22134-5103

R 

TO:

IN REPLY REFE
1760
MMSR- 
21 Sep 01

65

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

SE OF FORMER

(a) MMER Route Sheet of  
(b) 

MMSR-6J Memorandum 1760 of 17AugOl

5SepO1, Docket No. 1483-01

Encl:

(1) Statement of Service

Reference (a) requests  

1.
reference 
to correct his records to show that he was transferred to the
Fleet Marine Corps Reserve  

(FMCR) and not discharged.

(b) regarding former

addi

ining to
petition

The enclosure is forwarded as requested.
(b) is hereby corrected as follows:

2.
reference 
m was discharged on that date after serving 14
years, 7 months and 11 days of combined active service in the
Marine Corps and the U.S. Army.
and 11 days combined total service,
years active service does not qualify former Staff Sergeant
Wilder for transfer to the FMCR as he requests.

Although he had served 21 years
14 years and 7 months of

Paragraph 
Former-~

(2) of

his 

Former

3.
proper authority.
petition not be granted favorable consideration.

Unfortunately, we must recommend that his

was honorably discharged under

Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps

Date of Report:

09/21/01

33

Statement of Service

Inactive

Active

Training

Subtotals

Active Inactive

USMC-E 
USMCR-E

jffi

'07/17/55 

07/17/52'07/16/55  

01/0,2/56/

12/20/58- 

01/03/56'12/19/58  

06/26/59'

'

x

3 0 0

2 11 17

USA-E
USAR-E

USMCR-E 
USMCR-E
USMCR-E
USMCR-E
USMCR-E

USMCR-E
USMCR-E
USMCR-E
USMCR-E

USMC-E

USMC-E

it!+

'06/27/59 

08/14/59'

08/30/59.08/03/62"

08/20/62-06/26/63  

y

07/07/63/ 

07/18/64-

08/02/64 

01/28/65’

08/15/59'08/29/59'- 0

08/04/62'-08/19/62' 0

/06/27/63 

07/06/63”0

07/19/64 

08/01/64,  0

0 15

0 16

0 10

0 14

v/01/29/65 

01/28/67 

J

a,’ 

01/29/67 

07/27/73

2 0 0

6

5 29

0

5 16

0 6 7

0

1 18

211  4

010 7

1

0

02

5 27

Active duty
Inactive duty

: 14 year.(s)
: 6 year(s)

7 month(s) 11 day(s)
5 month(s)  
Cbday(s)

a

Examiner:

/ R eviewer:

.

SSN:

Grade

33

TAC Code
01 0

1st Elig Date
07/28/73

USN/USNR
N

Trans Date
07/27/73

Service Entry
07/17/52

Last Disc
07/27/73

Service
14

711 

svc
N

30 Years
07/15/82 N

Hero

TE Sevre. Pay
N N

DOB

// C

CIT Application

/ 

/

PAY

DATES

FROM

TO

5207 

I 7

5307 16

COMMISSION CONTROL 
,30 JUNE

DATE

PRIOR TO 1 JULY 
1 
INACTIVE DUTY

1649: SFS

OCCASION
CODES

1

DRILLS

ACTIVE
DUTY
POINTS
365 0

CORRE
SPON
DENCE

COURSES

EIOD ’S

MEMSER-

SIIIP

TOTAL
ACTIVE
D W
PolNwi

0

0

0

365

RETIREMENT POINTS 
c

SUMMARY

70TAL

INACTIVE

DUTY
POW S
MAX)
(60 
0

TOTAL
POINTS

T OTAL  YEAR S
WALININO
SERVICE FOR
RETIREMENT
(5OP ’TS. MIN.
FOR YEAR OF

365

01-00-00

OCCASION CODES:

- End of 
1 
 

INACTIVE RESERVE SECTION,

an&~Z~N AND 

RETIREMENT2JJIed  from active reserve status.

l = 

Resew Retirement Credit Report is not on file. Current unit must submit a copy to

MM!%-5.
 

RESERVE RETIREMENT MASTER CONTROL CARD 
NAVMC HQ 509 (REV. 

3-85) 

(EF)

(1820)

Designed  

Using 

FormFlow 2.15,  

HQMC/ARAE.  

May 98

TOTI?L  P.02



Similar Decisions

  • NAVY | BCNR | CY2002 | 07033-00

    Original file (07033-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2001. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Additionally, an individual cannot be promoted if he is not within the Marine Corps height and weight standards. P1400.32B, Marine Corps Promotion Manual, Volume 2, Enlisted Promotions, provides that Marines assigned RE-3P...

  • NAVY | BCNR | CY2001 | 02474-01

    Original file (02474-01.pdf) Auto-classification: Denied

    Your allegations of error and injustice were A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, addition, the Board...

  • AF | DRB | CY2006 | FD2006-00059

    Original file (FD2006-00059.pdf) Auto-classification: Denied

    Attachment: Examiner's Brief DEPARTMENT OF THE A I R FORCE A I R FORCE DISCHARGE REVIEW BOARD ANDREWS A F B , MD (Former SSGT) (HGH SSGT) I n c o m p l e t e R e c o r d s & N o Disch Pkg 1. A2C (E3) - 01 Sep 58 c. Time Lost: 23 Feb 68 - 21 Jul 88 (20 years 4 months 29 days). Issue 1: On January 30, 2006, I submitted an application to re-open my clain (sic) for serivce connected disability, which was denied previously due to my discharge was other than honorable conditions.

  • NAVY | BCNR | CY2002 | 05147-01

    Original file (05147-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, 1. filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to adjust his Career Retirement Credit Report (CRCR), Pay Entry Base Date (PEBD), date of rank as a captain, and Reserve retirement anniversary date to reflect service in the Air Force Reserve from 11 March 1999 to 25 October 2000. That Petitioner’s naval record be corrected, where...

  • AF | DRB | CY2002 | FD2002-0030

    Original file (FD2002-0030.pdf) Auto-classification: Denied

    For this misconduct, he received a Record of Individual Counseling. In such cases, AFI 36-3208, paragraph 6.46, requires the separation authority to designate a primary reason for the discharge. Separate the Respondent with a general discharge without probation and rehabilitation, designating either a pattern of misconduct or failure to progress in on-the-job-training as the primary reason; or’ c. Forward the case to 19 AF/CC recommending the Respondent receive an honorable discharge, with...

  • USMC | DRB | 2002_Marine | MD02-00475

    Original file (MD02-00475.rtf) Auto-classification: Denied

    MD02-00475 Applicant’s Request The application for discharge review, received 020306, requested that the characterization of service on the discharge be changed to honorable, the reason for the discharge be changed to secretarial authority, the reenlistment code be changed to RE-1, and corresponding Separation Program Number/Designator changes. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:(1) DOCUMENT...

  • NAVY | BCNR | CY2001 | 08029-00

    Original file (08029-00.pdf) Auto-classification: Denied

    your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations In addition, the Board considered the advisory and policies. 2. certain criteria are entitled to constructive credit. 6 months and 9 days of active duty and was not entitled to Enclosure (1) shows member only completed 19 3.

  • AF | DRB | CY2007 | FD2006-00195

    Original file (FD2006-00195.pdf) Auto-classification: Denied

    CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided f~lll administrative due process. Svd: 01 Yrs 01 Mo 18 Das, all AMS . e. Additional: Fourteen unexcused unit Training Assembly (UTA) absences on 14-15 Sep 02, 5-6 Oct 02, 2 Nov 02, and 11-12 Jan 03.

  • ARMY | BCMR | CY2002 | 2002069190C070402

    Original file (2002069190C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: Revision of his retirement points and all records to reflect his continuous service in the United States Army Reserve (USAR) from 23 August 1988 through 24 September 1990. EVIDENCE OF RECORD : The applicant's military records show:

  • NAVY | BCNR | CY2006 | 07260-06

    Original file (07260-06.rtf) Auto-classification: Denied

    On 20 October 1994, the U.S. Navy-Marine Corps Court of Criminal Appeals affirmed the findings and sentence as approved (copy attached). Finally, the authority of the BCNR and the Secretary under 10 U.S.C. has a court martial conviction that was upheld on appeal was reduced to Private E-l by a court-martial (not administratively) pursuant to his free and voluntary guilty plea regarding his “own misconduct.” There are no cases under Title 10 section 6334 or 6336 that override a final...